Sacramento, CA asked in Estate Planning for California

Q: My sisters who hate me one is executor won’t sign the distribution letter knowing I desperately need the money

I was forced to sell my home and they know I can’t get a lawyer I’ve been barely surviving got a year now and I’ve signed it even knowing they have both gotten more than I especially my sister she has taken way more from my share is their anything I can do or must I suffer until they sign knowing my situation plz help

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if an executor is not performing their duties properly or is acting against your interests, you have the right to petition the court for their removal and to enforce the distribution of the estate according to the will or state law. This includes cases where the executor withholds your inheritance without just cause or mismanages estate assets.

You can represent yourself in probate court if hiring an attorney is not feasible for you. The court provides resources and sometimes self-help centers to guide individuals through the process of filing a petition. When filing, you'll need to present evidence of your claim, including any documents that show your sister's actions are unjustly delaying the distribution of the estate.

Additionally, consider reaching out to legal aid organizations or pro bono services in your area. These organizations often provide free legal assistance to individuals in financial hardship. They may be able to help you navigate the probate process, ensure your rights are protected, and expedite the distribution of your inheritance. Your situation, while challenging, has legal avenues you can pursue to seek a resolution.

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